951 / 1042
l.
A
w.
felltMlce; but he cootioues bouod, Ihough the caure Ilore;t
ellm
.,WlJi
.hv:nlíOllt
,1
e.luf" ,
and;s therefore li·
Ihould be carried from the admiral to the court of fcllion. ahle in Ihe intmll of it, as b:ing trllly
'0
accelf~ry
of
Thi, fort of cautioo i, ooly to be exatlcd in c.ules flnflly the
fu~j~tI
itfclf. It is alCu from the nHure of the ".or·
muitime.
aétion, that imeren is in certainc.Ces allowed tomcrchabll
24'
lt
happens frequently, that a creditor takes two or olhers in name of damagC1.
.
elr OIore obligant' bound to him, a/l as principal debtors,
28. Interen i, due by exprcfs paaion, where there
;1
.mthout fidejuflion. Where they are 1'0 bound, for the a c1aure in a bond or obligalÍon, by which moneyi, made
performance of faas that are io themCdves indivifible, to carry ioteren. An ohligatioo is oot lawful, where il
Iheyare liable each for the whole, or
jingllli in
[o/iduln.
is agreed
00,
that the yearly interen of the fum leot, if
But, if the obligation be for a Cum of money, they ale it Ihould
001
be paid punétua/ly as il falls due, Olall he
ooly liahle
pro rala;
uolefs,
l .
Where Ihey ue in eK· accumulated ioto a prio cipal rum hearing ioterell; hut an
rrd; words bound conjuoétly and Ceveta/ly; or,
l .
In. obligalion may be lawfully granled, oOt ooly for Ihe fu ,n
the cafe of bilis or promilfory notes Ooe of CeveraI ob· tmly lent. but for the iOlerell to the day al which dI(
ligants of this fort, who pays the whole debt, or folfils ohligalion is made
paya~le,
whereby theiotermediate in·
the obligatioo, is intided to a propor.tional relief againfl lerdl is accumulated ioto a principal fum, froOl the term
the refl; infuch manner, that the 10Cs mull, iD every cafe, of payment. Imerell may he airo due by implied pa&ion:
f.1I equally upon all the folvant obliganu.
Thus. whore interell upon a deht is hya lelIer ptomircd
2,.
Obligatior.s {or rUntS of money
ar~
frequendyae. for time pallo fuch promiCe implies a paétion for interell
C'Jmpanied .·ith ao obligation for the annualrent 01 inler· as long ' s the deht remains unpaid; thUI alfo. the ure of
cll thmof. IMerell
(ufu",)
is the profit due, by !he paymenl of interefl prefumesa pdétion, and \Vhen inlerel!
debtor of a ruro of money. to the credilOr, for the uCe is exprelfed for one term, it is preCanfed10 oe bargained'
elf it. The canon law confidered Ihe taking of interel! for till payment.
2S unlawful: The law of Mofes allowed it
10
be ex.aed
29.
The fubjea malter
of
all obligat;ons coofins ei·
from flraogers ; and all the rcformed nations of Europe ther of things, ur of fatls. Thing; exempled from como
have fouod it oecelfary, arter the example of the Romans, Rlerce cannot be the Cuhjeét of obligation. See Tit. viii.
to authorife it at cenain rates fixed by flatute. SOOn af·
2.
et feq. One cannot he ohliged to the performaoce
oC
ter the reformation, our legal interen was 6xed at the a faét oaturally impollible ; Dar of a faét in itrdfirnmoral,
rate of teo
pcr cml. ,cr annum
;
from which time, it has for that is alfo in the judgmeot of laIV impoflible. Sinee
been gradoally reduced, till at lall, by t2 .
Ann.
f/.t.
2.
impoflible ohligations are nuU, no penalty or Qamage can
e.
16. it was brought to fivepcr
cenl.
and has cootioued he incurred for non·performance: but it is otherwife, if
at that rate ever fince.
the raét be in itfdf poflible, though not in the debtor's
26. IOlereR is due, either by law, or hy paé\ion. It power; iD which cafe the rule obtains,
I.cumjaEli
hll'
il due by laIV, either from the force of Ilalute, under
pr4laóilÍJ fuhil
darnnalll el il/lm ffi.
",hich may be iDcluded aéts of rederunt, or from the na·
30. An ohligatioo, to which a condition is 'adjeé\ed,
ture of the tranfatlion. Bilis of exchanEe, and inland either naturally or morally irnpoflible. is in Ihe gener,1
bilis, though tbey Ihould not be protelled, carry interell caCe null; for the parties are prefumed oot to have beeo
{rom their date iD caCe
oC
not acceptaDce; 01 from the ferious. But fuch obl.igation is valid, and the condition
day of their falling due, iD cafe of aceeptance aDd not p'y' thereof held
pro non
{cripla,
l.
Jn tellamenlS;
2.
ID o·
mento Where abill is accepted, which be." no term of bligatioos, to the performance of which Ihe granter lie,
payment, or which is pIyable on demand, no intmll ir under a natural tic:, as in boods of provifion to a child.
due till demand be made of!he fumo the legal voucher of Where an obligatioD is grante" under a conditioo, Iawful
which is a notorial protefl. Interefl' i, due by a debtor but unfavourable,
e.
g.
that the creditor lhaJl not mmy
after denunciation, for alJ the fums contained in the dili· without the coorent of cmain fl iends, DO more weight
genee, eveD for that part which is made up of Jntmll. is given to theconditioo !hao tht judge thinks re,fonable,
Sums paid by camiooen
00
dillrefs, -carry ioteren, not A condition, which is in fome dogree in Ihe power of Ihe
elnly as to tlie principal fum in the obligation, but as;o creditor hilt\felf, is held as fulfilJed, if he has done all he
to the interell paid by Ihe cantioner. Faétors Damed by could to fulfil it. Implement or performance (annot be
the courl of Sdlion are liahle for iDteren by afpecial
¡él
demandtd in a mutual cootraét, .
~y
that party who bimrelf
of federunt; fee Tit. xix.
10.
declines, or canDot fulfil the counterparl.
27.
lt
arifel
eX
I'ge,
or from the nature of the tranr·
3r.
Dooatio~,
fo long as the rubjetl is not delivered
aaion, Iha! a purch,fer in a Cale is liable in interell for tO the dODee, may be julUy ranked among obligatidn9;
Ihe priee of the Iands Lought from the term of his entry, and it is that obligation which ¡riCes from the mere good
,though the priee Ihould be arrencd in his hands, or tho'
win
and liberalilY of the granter. Dooations imply no
the CelJer Ihould nOI he ableto ddiver tOhim a fufficient warrandice, hit! froOl the future fatls 'of me donor.
'progref, or tide tO the Iands; for
00
purchafer canin e· They are hardly revokable by our law for ingratitude,
quily enjoythe fruin of the lands, whileat thefame time though it Ihould be of the grofl,fI kind : Thofe betwixt
he retaln! the inleren of the price : But Jawfl1l configna· man and wire are revokable by the donor, even .her
tion of th, price made by a purchaCer, upon the refufal of thedeath of Ihe donee; but remuneratory grantS, not be·
rhe perColIShaving right tOrcceive il, flops the curreocy ing truly donations, cannot he fo revokcd. Tha! fpecia!
of interen. Whm one intcrmeddles with money he· fort of donation. which is con(Jiluted verbaJly, is call,d,
Jongmr. to anolher which carries imerell, .he ought
lO
re- promife. The Roman law intided aHdooors to the
he·
VOL.
11. No.
6,.
2
t
10
B
/Jtji,iMIIl